Bihar: BJP MLA gets 2 years RI in assault case
DARBHANGA, May 28 -- In a significant judgment, BJP MLA from Alinagar constituency, Mishri Lal Yadav, and his aide Suresh Yadav were sentenced to two years of rigorous imprisonment along with a fine of Rs.1 lakh each by the special MP/MLA court in Darbhanga on Tuesday. In case of non-payment of the fine, both convicts will have to undergo an additional one-month simple imprisonment.
The case was related to physical assault on one Umesh Mishra by MLA and his aides.
The verdict was delivered by district and additional sessions judge cum special judge of the MP/MLA court, Suman Kumar Diwakar, in connection with an appeal (criminal appeal no. 06/25) filed by the complainant Umesh Mishra, seeking enhanced punishment.
The BJP MLA may also face disqualification from his membership in the Bihar Assembly after the MP-MLA court verdict in the backdrop of Supreme Court's landmark ruling (2013) that any sitting legislator who is convicted and sentenced to a minimum of two years of imprisonment is automatically disqualified from the membership of the legislature with immediate effect. However, for this the appellate process and the final decision of the HC are significant. The MLA said he would file appeal against the verdict in the Patna high court.
The incident took place on January 29, 2019, at around 6 am when Umesh Mishra of Samaila village had gone out for a morning stroll. On reaching Gosaitol village, he was allegedly confronted and attacked by MLA Mishri Lal Yadav, Suresh Yadav and around 20-25 armed individuals. Mishra was beaten up, and the MLA reportedly hit him on the head while Suresh Yadav assaulted him with rods and lathis and snatched Rs.2,300 from his pocket, the special PP added.
An FIR was registered on January 30, 2019, at the Raiyam police station (case no. 04/19). Following the charge-sheet, the case proceeded under trial case no. 884/23 in the MP/MLA court.
On February 21, 2025, the then presiding officer of the MP/MLA court, Karunanidhi Prasad Arya, had found both accused guilty under section 323 of Indian Panel Code (IPC) and sentenced them to three months imprisonment and a fine of Rs.500 each.
Dissatisfied with the lower court's decision, the convicts had filed criminal appeal no. 03/25. Meanwhile, complainant Umesh Mishra also filed a separate appeal (no. 06/25) seeking enhancement of the sentence and additional punishment under IPC section 506....
To read the full article or to get the complete feed from this publication, please
Contact Us.